M/S Rajan Construction Through Its Proprietor Mamta Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.737 of 2018 dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.737 of 2018 =========================================================== M/s Rajan Construction through its Proprietor Mamta Singh, Wife of Sri Rajan Kumar Singh, Resident of Mohalla- Block More, Old G.T. Road, Aurangabad, District- Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar through the Principle Secretary, Road Construction Department, Bihar, Patna.

2. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna.

3. The Chief Engineer (North), Road Construction Department, Bihar, Patna.

4. The Superintendinf Engineer, Road Construction Department, Muzaffarpur.

5. The Executive Engineer, Road Division No.1, Road Construction Department, Muzaffarpur.

6. The Executive Engineer, Flying Square Division no.2, Road Construction Department, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Respondents : Mr. M.K. Ambastha, SC-26 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 The present writ petition has been filed for the following reliefs:

(A) For issuance an appropriate writ directing and commanding the respondents to quash the office order No. 225 dated 19.12.2017 issued containing Memo No. 7205 (E) issued by the respondent no. 2 whereby and whereunder suspended the contract license of the petitioner for next two year as well as directed for recovery of amount of bitumen less used by petitioner in construction of road Devariya-Baruraj under Muzzafarpur Road Division No. 1 in the year 2011-12.

(B) For issuance of any other writ/writs/order/orders to which the petitioner may be found entitled to."

Patna High Court CWJC No.737 of 2018 dt.20-02-2018

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 26.12.2017 (Annexure-6) filed before the Principal Secretary, Road Construction Department, Bihar, Patna (Respondent No. 1) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Principal Secretary, Road Construction Department, Bihar, Patna (Respondent No. 1) to consider and dispose of the petitioner's representation dated 26.12.2017 (Annexure-6), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.02.2018 Transmission Date N.A.